95.

Mixed Case Complaints

Mixed Case Complaint: A "mixed case complaint" is a complaint
of employment discrimination based on race, color, religion, sex, age,
national origin or disability (physical or mental) related to or stemming
from a personnel action that can be appealed to the Merit Systems Protection
Board (MSPB).

Mixed Case Appeal: A "mixed case appeal" is an appeal filed directly
with the MSPB that alleges an appealable EOUSA action was effected, in whole
or in part, because of such discrimination.

Appealable Matters: Most MSPB appealable matters fall into the
following six categories:

Reduction-in-grade or removal for unacceptable performance;

Removal, reduction-in-grade or pay, suspension for more than 14 days, or
furlough for 30 days or less for cause that will promote the efficiency of
the service;

Separation, reduction-in-grade, or furlough for more than 30 days, when
the action was effected because of reduction in force;

Reduction-in-force action affecting a career appointee in the Senior
Executive Service (SES);

Reconsideration decision sustaining a negative determination of
competence for a general schedule employee; and

Disqualification of an employee or applicant because of suitability
determination.

The following employees generally do not have rights to appeal to the
MSPB:

probationary employees;

non-appropriated fund activity employees, and

employees serving under a temporary appointment limited to one year or
less.

Election: An aggrieved person may initially file a mixed case complaint
with the EEO staff or an appeal on the same matter with the MSPB, but not
both. Whatever action is filed first is considered an election to proceed
in that forum. Filing a formal EEO complaint constitutes an election to
proceed in the EEO forum. Contacting an EEO Counselor or receiving EEO
counseling does not constitute an election.

Timely Filing with MSPB: An employee has thirty (30) calendar days from
the date of the alleged discriminatory act to file a mixed case appeal.